High Court Kerala High Court

Anlalath Chalikandy Peedikayil vs Government Of Kerala on 18 December, 2007

Kerala High Court
Anlalath Chalikandy Peedikayil vs Government Of Kerala on 18 December, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 37628 of 2007(D)


1. ANLALATH CHALIKANDY PEEDIKAYIL.
                      ...  Petitioner

                        Vs



1. GOVERNMENT OF KERALA, GOVERNMENT
                       ...       Respondent

2. THE DIRECTOR OF HIGHER SECONDARY

3. THE REGIONAL DEPUTY DIRECTOR, HIGHER

                For Petitioner  :SRI.V.B.UNNIRAJ

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :18/12/2007

 O R D E R
                          S.SIRI JAGAN, J.
                      =======================
                       W.P.(C) No. 37628 of 2007(D)
                      =======================

               Dated this the 18th day of December, 2007


                             JUDGMENT

The petitioner is the holder of a B.Ed degree obtained from

the Indira Gandhi National Open University under the Distance

Education Programme. He was appointed as Higher Secondary

School Teacher in M.M. Higher Secondary School, Thalassery

which is an aided school based on that qualification. His services

were provisionally approved upto 6.6.2008 subject to the

petitioner acquiring B.Ed qualification. Petitioner obtained the

above B.Ed qualification within the said period. The petitioner’s

complaint is that the respondents are not approving the

appointment on the ground that the B.Ed acquired by the

petitioner is not in the concerned subject and the B.Ed was not

acquired after a regular course of study. The petitioner submits

that as far as the question as to whether the B.Ed degree granted

by the Indira Gandhi National Open University can be accepted as

valid qualification, the issue is squarely covered by a Division

W.P.(C) No. 37628/2007(D) -2-

Bench decision reported in State of Kerala and another v.

Suja Kumari and Another (2006(1) ILR 431). The petitioner

contends that the petitioner’s subject is Social Work and there is

no University in India which grants the degree in B.Ed on the

subject of Social Work and therefore the petitioner’s degree is

sufficient for the purpose of regularisation of the petitioner’s

appointment. Seeking these reliefs the manager has forwarded

Ext.P6 to the 3rd respondent. The petitioner seeks a direction to

the 3rd respondent to forward the same to the 2nd respondent

and a further direction to the 2nd respondent to consider and

dispose of Ext.P6 expeditiously.

2. I have heard the learned Government Pleader also. In

the facts and circumstances of the case, there would be a

direction to the 3rd respondent to forward Ext.P6 to the 2nd

respondent forthwith. The 2nd respondent shall pass final orders

on Ext.P6 within six weeks from the date of receipt of a copy of

this judgment.

The writ petition is disposed of as above.

S.SIRI JAGAN,
JUDGE
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